Bonum Certa Men Certa

The Screws Tighten on Benoît Battistelli as His Departure is Just Two Seasons Away, Media Still Largely Complicit

Heise EPO sign
Photo credit/source: Heise



Summary: A roundup of recent developments and scarce media coverage regarding the EPO, where several national holidays are being 'stolen' from staff and nobody outside the EPO seems to care

SEVERAL people told us about yesterday's article from Stefan Krempl, who is familiar with EPO matters. He wrote about these for years. It's a very interesting article from Heise and many thanks to Stefan Krempl, an excellent journalist who does cover real EPO issues (not many in the German media are doing this).



"...many thanks to Stefan Krempl, an excellent journalist who does cover real EPO issues..."SUEPO has not mentioned (or noticed) it yet, but SUEPO is likely to translate such a report, which also contains many links within it. Here is a purely automated translation. They don't mince words:

European Patent Office: union calculates in 95 theses with the top authorities



The employee representation SUEPO has freely distributed a manifesto on social strife at the European Patent Office after Luther. The allegations against management range from deafness to the workforce to nepotism.

In keeping with the day of the Reformation, the International Trade Union in the European Patent Office SUEPO on Tuesday after Martin Luther " struck" 95 theses at the headquarters of the authority in Munich. In the six-page paper, which is available online, the employee representation raises serious allegations against the management and especially against the incumbent boss Benoît Battistelli . This made the organization "deaf and blind to the worries" of the workforce and pursued their representatives disciplinary . Such a confrontation course is "doomed to fail".

At the heart of the criticism is headed by Battistelli with an established appraisal system that focuses on productivity and "demands higher numbers every year" . Such an approach creates false incentives and "leads to excessive work pressure," which in turn also causes superficiality and errors, thus hindering higher efficiency . Erroneously granted patents, in turn , unlawfully hindered competition and were a favorite food for trolls . Among them suffer the European economy as a whole and especially the middle class.

From servant to principal director

The core task of the European Patent Office ( EPO ) is, in accordance with the European Patent Convention ( EPC ), the "substantive and formal review" of applications, the union stresses. This should not be neglected to increase the productivity and income of the EPO and its contracting states. Aggravating added was nepotism: The closest confidants of the President have risen in a short time from ordinary administrative staff to chief directors. They would have approved themselves by changing the career system "significant salary increases" and professional freedoms. His own salary and the surcharges and reimbursements paid to him kept Battistelli secret.

Half of the directors "in the substantive examination" as well as "all managers in the patent administration" have been relieved of their function, it goes on. The president even curtailed the holidays by removing the freedom of work on Reformation Day 2017, as well as on All Saints' Day and Corpus Christi of 2018. The fact that Battistelli praises a "package for the disparagement of its officials" under the slogan "Social Democracy" show indifference and a lack of respect for the employees.

SUEPO for fast deposition Battistelli

The EPO is not concerned with national or European labor law or data protection directives, nor with international conventions such as the human rights conventions, complain the authors. It believes the leadership enjoys almost total immunity from jurisdiction and law enforcement by national authorities. SUEPO therefore advocates dropping off Battistelli before the official end of his term in office next June and introducing comprehensive reforms. The Frenchman himself has long been misunderstood by a "mafia-like" trade union campaign and regularly rejects complaints. ( Stefan Krempl ) / ( axk )


What we are hoping to see, some time in the future, is an EPO that actually cares about patent quality. As it stands at the moment, it's just a production line of bad patents. Examiners who don't embrace this spiel will be fired, so they're left with the option of doing shoddy work or becoming unemployed ('stranded' with their family in Munich). No wonder they're so stressed. They lose either way.

"Examiners who don't embrace this spiel will be fired, so they're left with the option of doing shoddy work or becoming unemployed ('stranded' with their family in Munich)."As longtime readers may know, our only (and original) issue with the EPO was software patents. Árpád Petho, József K. Tálas and Eszter Szakács of Sár and Partners Attorneys at Law have just said that "[i]n Hungary, software may not be patented" (as is the case in every other European country). The EPO is trying to change that, especially by introducing the UPC. Here is the full analysis or the part about business methods and software (which mentions the EPO):



To what extent can inventions covering software be patented?

In Hungary, software may not be patented as such (Articles 1(2)(c) and (d) of the Patent Act). However, software may be protected by other types of intellectual property (eg, copyrights, know-how and business secrets), and may be brought to the Hungarian Intellectual Property Office as proof of ownership.

The Hungarian Intellectual Property Office and the European Patent Office (EPO) typically reject software due to a lack of technical character. The prevailing approach is to deny the possible technical character of any solution achieved by software; however, the EPO is slowly moving away from this rigid standpoint (as are IP offices in other EU member states, albeit at a slower pace).

Some applications based on software (ie, so-called ‘computer-implemented inventions’) may be patentable provided that they do not cover only an organisational issue or abstract question. In other words, if the claims are formulated in a way that demonstrates that the software is used to solve a technical issue (eg, comparing the strength of two electric signals and storing the result in the memory), the invention will be considered a technical solution and may be patentable. However, patent attorneys must be skilled and able to formulate the claims in a way that benefits from the evolving practice of the Hungarian Intellectual Property Office.

To what extent can inventions covering business methods be patented?

In accordance with Article 1(2)(c) of the Patent Act, business schemes, rules and methods may not be patentable as such. Nevertheless, they may be protected by know-how or brought before the Hungarian Intellectual Property Office, provided that the method is in writing.

However, when rules or methods are part of a system that consists of technical elements, the patentability of the entire system may be considered. In a similar way to software, patentability largely depends on the system or solution to be protected and the way in which the claims are formulated.


Readers are reminded that even in the United States, 'home' of these kinds of patents, such patents are no longer valid (can barely be enforced in court). So the EPO now goes further than the USPTO, enforcing or at least granting patents which the USPTO itself (or corresponding Supreme Court) decided were a bad idea.

"As longtime readers may know, our only (and original) issue with the EPO was software patents."Speaking of the US, Watchtroll is now publishing press releases for the EPO. This happened 3 days ago. How much does it get paid for this? And who is paying, the EPO? Does it pay to disseminate this nonsense in the US too?

Watchtroll is a US proponent of patent trolls, software patents etc. so it obviously promotes the UPC too.

"Watchtroll is a US proponent of patent trolls, software patents etc. so it obviously promotes the UPC too."A similar puff piece was posted yesterday by a site close to IAM. "The current executive director of the EU Intellectual Property Office (EUIPO), António Campinos, has been selected as the next president of the European Patent Office (EPO). He will serve a five-year term from July 1 2018, succeeding Benoît Battistelli," it said (the rest behind a paywall).

This same site previously speculated that the Belgian former EPO worker might take over EU-IPO, spurring speculation about back room deals with Belgium. Now we know more about it and it does, in fact, seem like such an agreement existed. It's despicable. It should be a massive scandal (if the media actually bothered covering EPO scandals). Why aren't stakeholders complaining?

"It is hardly surprising the EPI is not making any protest," one reader told us. To quote his/her explanation:

To understand the situation here it is worth having a look at Article 143a EPC: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ar134a.html

According to Article 143a(1)(a) the Administrative Council "shall be competent to adopt and amend provisions governing the Institute of Professional Representatives before the European Patent Office...".

The Administrative Council is also responsible for adopting and amending the provisions governing "the disciplinary power exercised by the Institute or the European Patent Office in respect of professional representatives" (Article 143a(1)(c).

It seems that the EPI enjoys very little real independence and is basically under the thumb of the EPO's the Administrative Council. Patent attorneys who dare to voice criticism of the goings-on at the EPO risk disciplinary action in front of a Disciplinary Board which is very much if not completely under the influence of the EPO.


The media, with few exceptions like Heise every now and then, is complicit in silence about it. On EPO silence/media blackout, a comment said yesterday, "of late, IPKat has been guilty of dereliction of duty in this regard."

Here is the full explanation (IP Kat only approved this comment days late for some reason):

It's not about what interests the contributors but their (professional) judgement on what should and should not be posted.

It cannot be the case that there are no individual amongst the IPKat contributors that are not "interested" in momentous developments at the EPO. It therefore becomes a matter of judgement of the contributors regarding which developments they comment upon, and how they comment upon them.

I therefore think that it is perfectly legitimate to call into question whether, collectively, the judgement of the contributors is wise or not. Unless there is some very significant non-public information to which the contributors are party, then my conclusion would be "not". This is because I do not see why a blog dedicated to all matters (European) IP should avoid discussing a topic merely because it is controversial (or "political").

Bad things can happen in the shadows, and so an extremely important duty of the "media" is to illuminate a situation. I cannot help but feel that, of late, IPKat has been guilty of dereliction of duty in this regard.


It's pretty telling that EPO scandals don't exist to IP Kat anymore. There's nothing at all about in the summaries, not even in yesterday's "Wednesday Whimsies" (that's a roundup). Their recent roundups even ignore their own articles regarding the EPO.

"We remind readers that today's IP Kat is not what it used to be."Who are these bloggers kidding? They actually silence and actively suppress discussion about EPO scandals. They have become part of the problem.

As annoying it may be that everyone turns a blind eye to EPO abuses, in a sense it helps us because it means less "competition". But at the same time, it would be nice if the issue received widespread coverage like FIFA scandals or Dieselgate.

We remind readers that today's IP Kat is not what it used to be. We loved the old IP Kat, but now it's more like a gatekeeper, shutting out debates about what happens at the EPO, instead focusing on purely technical matters like the doctrine of equivalents and BoA decisions. There's a long discussion there (many comments), also covering the EPO. One person has asked: "Where would we end with the certainty presently found in the case law of the Boards being put aside?"

"Battistelli violated the EPC many times, essentially disrespecting the very document that gives the EPO authority to operate."Well, the Boards are being kicked out (they're already kicked out of Munich) -- a fact that IP Kat incredibly enough failed to cover.

Another comment said: "The Protocol on interpretation applies to Article 69 only, not Article 54 EPC."

Not that the EPC matters anymore. Battistelli violated the EPC many times, essentially disrespecting the very document that gives the EPO authority to operate.

Recent Techrights' Posts

If GNU/Linux Rising is Just "Bots" (It's Not, Many Surveys Show the Same), Why Does Microsoft Rush to Lie About System Requirements of Vista 11?
The real reason is, GNU/Linux is rising
 
Red Hat is in Need of a 'Jolla', as an IBM-Controlled Red Hat is Becoming Like the Microsoft-Infiltrated Nokia
Dying fast, partly by design
Gemini Links 08/08/2026: Gigs, Poems, SREs, and Shared Passion
Links for the day
Kompromat Tactics in GNU and Linux
Kompromat as a concept was covered here in the past in relation to Microsoft
SLAPP Censorship - Part 143 Out of 200: After Nearly 10 Attempts to Settle With Us and Over a Million Pounds Spent on Lawyers and Barristers
We are in no particular hurry
20 Years and 43 Years
GNU/Linux is not just code, it's a philosophy, licence (copyleft), and community
GNU/Linux Turns 43 Next Month, Many Distros Actively Maintained
A lot of Debian-based distros are still actively maintained (we talk about this in IRC this evening), so the stability of the Debian Project is important
Links 08/08/2026: GAFAM Colonialism "Paved Over Protected Wetlands", Slop Companies Hoard Software Patents as Debt Soars to Trillions
Links for the day
Links 08/08/2026: "Palantir Paid No Federal Income Tax" and "Who's Responsible for This Mess?"
Links for the day
Retained: The Time IBM's Red Hat Tried to Hijack or Take Offline Site of Critics, Failed on All Grounds (Meritless Action Intended to Harass Critics)
Replicated from adrforum.com
IBM's 'Final Solution': Censor Sites Not Controlled by IBM, Sites Where Dissent is Expressed
IBM has no culture of free speech
More Mass Layoffs Coming IBM's Way (Ones IBM Cannot Hide, Cannot Convince Enough People to Leave or Unjustifiably PIP Them When They Say No)
The company that was like a "father of modern computing" is now stingy when it comes to travel. Not a good sign.
What Will it Take for Mainstream Media to Report Silent or Secret Layoffs at IBM?
"Silent" or "secret" sometimes because the media won't cover them
Is the Future of IBM Red Hat Temporary Staff, Contractors?
They want cheap, obedient lemmings
Gemini Links 08/08/2026: Tribute to Lloyd Center, Radio Amateurism, Homeworlds
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 07, 2026
IRC logs for Friday, August 07, 2026
Microsoft Uses Slop to Find Defects and Then Uses Slop to Replace Code, What Could Go Wrong?
Botspam is the problem, it's not a constructive approach in any shape or form
analytics.usa.gov: GNU/Linux Up Some More This Week
Days ago it said 6.4%, now it's up to 6.8%
RA-pocalypse: IBM Tells Workers "Taking a Hike" is Their "Next Step" ('Voluntary' Layoffs), Now It Prepares to Sack Lots of Contractors
There definitely is something going on
Legal Attacks on Techrights Have Made Techrights More Popular and More Widely Read
The misogynists will have plenty of work to do this summer
Kai Stephens (Barkley Walsh) & British Democrats in Clacton by-election hustings
Reprinted with permission from Daniel Pocock
Daniel Pocock 'Punching' Nazis in the UK
The so-called "cult" of so-called "Debianism" was left with nothing but massive legal bills
SLAPP Censorship - Part 142 Out of 200: GemText is Not a Webpage, Gemini Protocol is Not the Web, and Capsules Are Not Websites
our intention to appeal (escalate to the Court of Appeal)
Microsoft: Our August 2026 Layoffs Are Not Layoffs Because... Reasons
That's like IBM making "spin-offs", then pretending that no layoffs are happening
Links 07/08/2026: UMG and Anthropic in Trouble Over Copyright Infringements Sold as "Training" (Slop)
Links for the day
Links 07/08/2026: "BMW Is Showing Commercials On Their Car's Dash Screens And They Want You To Think It's A Treat", Software Patents on Drones
Links for the day
What We Said About Red Hat's Fate Under IBM Turned Out to be Right on the Money (That IBM Lacks)
There are no layoffs at IBM
IRC Networks Show No Signs of Going Away, IRC Enters Its 39th Year
That IRC daemons are still actively developed and patched in summer of 2026 (over 38 years after IRC was born) says a lot about IRC's importance
Social [Control] Media Needs to Die
I am a bit shocked to recall that I wasted a lot of time on it
Some Malware is Legal Because It's Made and Distributed by Politically-Connected GAFAM
In reality, the security non-experts 'championed' (and salaried) by GAFAM are anti-security people who advocate back doors
The GNU/Linux Anniversary is Next Month, Not This Month
It'll turn 43
At Clacton by-election Hustings Event Daniel Pocock Says "Social [Control] Media Has Contributed to Some of the Anti Social Behaviour."
No doubt many problems in society are caused or at least amplified/accentuated by this horrible phenomenon
IBM Insiders Explain Why IBM is in Very Serious Trouble
Will IBM last long enough for any "quantum" deliverables to become a reality?
The Register MS Took Money From Broadcom to Publish Fake 'News' With "AI" Mentioned 35 Times
not legitimate or authentic journalism.
GNU/Linux Approaching 20% in Georgia (the Country)
Usage of GNU/Linux was near 0%, as measured by statCounter, several years ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 06, 2026
IRC logs for Thursday, August 06, 2026
Gemini Links 07/08/2026: Radio Amateurism, Summer Updates, and Programming "Taste"
Links for the day
Links 06/08/2026: Billboard Chart Contaminated by Slop Plagiarists, Sheinbaum Blasts Social Control Media
Links for the day
A Long Break and What's Coming Next Year
Some time next year we definitely plan to show how the EFF failed women, failed bloggers, and basically prioritised GAFAM
Daniel Pocock on a "metre-long ballot paper"
The Debian "cult" (as he calls them collectively) is simply jealous of him
Links 06/08/2026: Disney and Fentanylware (TikTok) Deal, "Hearing Aids Shenanigans"
Links for the day
IBM Mass Layoffs Began Yesterday, They're Sold as "Voluntary", the "Offer" Runs for Two Weeks (Last Day August 19th 2026)
IBM will self-detonate while using contractual agreements to force people to smile
Start of September 2026 'Voluntary' Mass Layoffs at IBM, Start of October Red Hat Employees Forced Into the 'Bloodbath' (After Collapse of IBM's Shares)
Red Hat is in trouble
Many GNU/Linux PCs Are Not Connected to the Net or Don't Use the Web
Saying GNU/Linux user-agents are just "bots" (Microsoft Lunduke and other Microsofters say this) is like asserting that the Twin Towers fell not because of two giant planes but because of explosives
They Call Occupations "Professions" Because the "Pro" Means Something
If you want to find tech news online
New Conference Paper (Science of Cyber Security) Credits RMS With Delaying Passwords
When it comes to passwords, RMS was "right"
Removing Gender Barriers in Computer Science
It is not that "women aren't good at maths"
In Brunei, GNU/Linux Approaches International Average of 8.5%
a sharp rise from 0% to about 7.5% happened in a few years
15% of IBM Staff Marked for Layoffs ("RAs"), the Workers' Objective is to Find Another Employer and Leave
"That's not a workforce, that's a waiting room."
Maintenance to be Completed Tonight (IPv6)
Notice how, after 25+ years, we're still not fully adopting IPv6, we're only about 50% there
A Data Centres Hub Puts Everyone at Risk, Especially People Who Live Near Them at Times of War/s
Spoiler: Datacentres are military targets, they attract missiles, some with nuclear warheads
GAFAM Mass Layoffs and Mountains (Trillions of Dollars in 'Secret' or 'Off-the-Ledger') Debt
GAFAM is having layoffs this month
August 2026 Microsoft Layoffs Confirmed by Staff This Week
It's hard to assess how many are impacted but signed an NDA, preventing them from speaking about what really happened
analytics.usa.gov Says 7% of Sessions Come From GNU/Linux and ChromeOS. If ~40% (Mobile) Get Omitted, It's More Like 11%.
In desktops and in laptops GNU/Linux has become a big player
IBM Cannot Survive for Much Longer, There Are Limits to RAs and Offshoring, IBM Now Asks Workers to Quit
IBM is in very serious trouble
SLAPP Censorship - Part 141 Out of 200: Brett Wilson LLP Failed to Learn From the Mistakes of the European Patent Office (EPO)
my solicitor, David Allen Green, put them in their place
Texts of the Claims From Balabhadra (Alex) Graveley and Matthew J. Garrett Almost Identical, I am Suing for Abuse of Process
Half a decade ago Balabhadra (Alex) Graveley from Microsoft and GNOME was arrested for strangulation in Texas
Gemini Links 06/08/2026: "Eat That Frog", Mutt Terminal Email Guide, and BASICODE
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 05, 2026
IRC logs for Wednesday, August 05, 2026